Effective Date: July 30, 2020
Nexar Ltd. and its affiliates (“Nexar”, “we”, “us” or “our”) are on a mission to rid the world of car crashes. By utilizing our sophisticated safe driving tools, through off-the-shelf smartphones and dash-cams, our users are able to detect, record and warn other drivers of real-time road hazards.
- Data Collection
- Data Uses
- Data Location
- Data Retention
- Data Sharing
- Cookies and Tracking Technologies
- Data Security
- Data Subject Rights
- Data Controller/Processor
- Additional Information and Contact Details
You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (defined below), please avoid any interaction with us or any use of our Services.
1. Data Collection
We collect data regarding our visitors and users. Such data is typically collected and generated through their interaction with our Services, through automatic means, directly from them or from other third-parties.
Specifically, we collect the following categories of data (which, to the extent it relates to an identified or identifiable individual, will be deemed as “Personal Data“):
Data automatically collected or generated: when someone visits, interacts with or uses our Services, including any e-mail or text messages sent to them via our Services, we may collect certain technical data about them. We collect or generate such data either independently or with the help of our Service Providers (as detailed in Section 5 below), including through the use of “cookies” and other tracking technologies (as further detailed in Section 6 below).
Such data consists of sensor, location, connectivity, technical and aggregated usage data, such as your GPS/GNSS location data; ride start and end locations; data obtained from your device’s gyroscope and accelerometer sensors; IP addresses, wireless networks, cell towers and Wi-Fi access points; App user ID; non-identifying data regarding a device, operating system and browser; activity, communication and performance logs; issues and bugs; and user activity on our Services. Furthermore, frames and videos of interest relating to traffic conditions will be gathered and shared amongst users to help them plan their routes, as well as on our LiveMap service, aimed to provide more transparency and knowledge sharing on real-time road conditions.
Data received from you: you may provide us with Personal Data such as your name, e-mail, phone number and hashed password, when you sign up for our Services. You also have the option to provide us additional information concerning your insurance provider and insurance plan, your fleet users (as further detailed in Section 5 below), as well as any other data you choose to provide when you use our Services, create a user account, create or join a team within the App, and when you then interact with other team members. If you choose to place any purchases via our Services, you may also provide us with your billing and shipping details and preferences, as applicable.
Data received when you contact us: you may contact us for support, learning more about our Services and offerings, or for any other reason. In doing so, you may provide us Personal Data such as your name, email, workplace and position and any other data you choose to provide or that we may require in order to properly review your inquiry. Similarly, you can provide us with your Personal Data when you attend our events or webinars, or when you contact us via social media (such as LinkedIn, Instagram, Twitter or Facebook).
Data received from connected accounts: you may login to our Services through supported “Single Sign-On” services (e.g. Google or Okta), in which case we will receive your name, e-mail, user ID, and any other information you choose to share with us via your account on such services.
Data received from insurance companies and mobility platforms: in some locations, users may choose to provide us with certain information concerning their insurers and their insurance plans, or have their insurer provide this information directly to us. This may include details regarding the user’s plan, characteristics, and the user’s insurance identifiers.
Data received from members of your team: if you use the Services to create or join a team of drivers using our App, and interact with those other users through the Services, we may receive additional data from you and other members of this team, through such interactions.
Data received from fleet managers and users: if you use the Services to create or join a fleet of drivers using our App, and interact with those other drivers through the Services, we may receive additional data from you and other members of this fleet, through such interactions.
Data concerning third-parties: when you use the App to make video or still image recordings, and upload such recordings to our servers (either manually or automatically), such recordings may include footage of yourself, your passengers or other drivers or individuals, vehicles and road objects. You may delete such recordings via the App or the Platform. You must avoid uploading any recordings which may have been made in violation of the laws or regulations applicable in your jurisdiction. For example, in some states it might be illegal to record your passengers or other individuals in public spaces (such as on the street), without their knowledge or consent. We will not be liable or responsible in case you use our Services to make and publish such prohibited recordings.
Collision reports: if you submit or otherwise make available to us any recordings concerning traffic incidents, collisions, road conditions or violations, we may analyze such recordings and produce reports, which may be shared with you, your insurer or other third-parties (subject to your authorization) in accordance with Section 5 below. Should you contact us to generate a collision report, you may also provide us with details such as the location and time of the collision, photos, license plates involved, as well as involved parties’ insurance companies and policy numbers. Should you choose to submit such a report to your insurance company through the App, we will be collecting the data to monitor the performance of such a submission.
Data received from other third-parties: we may receive your Personal Data from other sources. For example, if you participate in an event, conference or webinar that we sponsor or participate in, we may receive your Personal Data from the event organizers. We may also receive your contact and professional details (e.g., your name, company, position, contact details and professional experience, preferences and interests) from our business partners or Service Providers, and through the use of tools and channels commonly used for connecting between companies and individuals in order to explore potential business and employment opportunities, such as LinkedIn.
2. Data Uses
We process visitors and users Personal Data, as well as other types of Personal Data as necessary for the performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving our Services, e.g. in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services; providing customer service and technical support; and protecting and securing our customers, users, visitors, prospects, ourselves and our Services.
Specifically, we use Personal Data for the following purposes:
- To facilitate, operate, and provide our Services;
- To authenticate the identity of our users, and to allow them to access and use our Services;
- To provide our users with assistance and support;
- To train and improve our AI and computer vision algorithms, and to further develop, customize and improve the Services and your user experience, based on common or personal preferences, experiences and difficulties;
- To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively;
- To contact our users with general or personalized service-related messages (such as password-retrieval or billing); or with promotional messages (such as newsletters, special offers, new features etc.); and to facilitate, sponsor and offer certain events and promotions;
- To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
- To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services; and
- To comply with any applicable laws and regulations.
We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).
3. Data Location & Retention
We and our authorized Service Providers (defined below) maintain, store and process Personal Data in the United States, Israel and other locations as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.
Nexar Ltd. is headquartered in Israel, a jurisdiction which is considered by the European Commission to be offering an adequate level of protection for the Personal Data of EU Member State residents.
Notwithstanding the foregoing, fleet user data may only be processed in such locations as permitted in our Data Processing Addendum and other commercial agreements with the fleet manager.
4. Data Retention
We retain our visitors’ and users’ Personal Data for as long as it is reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations, or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, as necessary for allowing our users’ insurers to meet their own obligations or legitimate needs, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your Personal Data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at firstname.lastname@example.org.
5. Data Sharing
Legal Compliance: in exceptional circumstances we may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so and solely to the extent that we believe is strictly necessary to comply, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services.
Service Providers: we may engage selected third-party companies and individuals to perform services complementary to our own. Such Service Providers include hosting and server co-location services, communications and content delivery networks (CDNs), data analytics services, mapping services, marketing and advertising services, data and cyber security services, fraud detection and prevention services, billing and payment processing services, e-mail and SMS distribution and monitoring services, session or activity recording services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, support and customer relation management systems, and our business, legal, financial and compliance advisors (collectively, “Service Providers”). These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes.
Insurance Companies and Mobility Platforms: we may notify your selected insurer or integrated mobility platform of probable road collisions involving you and/or third-parties and share with it any related recordings, data and reports by one of two ways: (a) in accordance with the instructions of your insurer, in cases where your use of our Services is part of your agreement with your insurer, and you have granted your insurer authorization to receive such recordings or reports from us; or (b) in the event you have authorized Nexar to do so automatically by either providing Nexar with your insurer and policy details through the App (in which case the “Report to Insurer” feature on the App will become active automatically) or by manually turning “on” the “Report to Insurer” feature on your App (provided that you have previously shared your insurer and policy details with Nexar through the App).
Teams and Fleets: the Services allow you to create and join teams or fleets of drivers using the App. For example, you may create a team consisting of your family members or friends, or a fleet consisting of drivers at your workplace, who are each using the App individually on their mobile device, so that you may interact with each other, share drive recordings or collision reports with each other, etc. Your data will be shared with other members of the teams or fleets you create or join, in accordance with the sharing settings of such team or fleet (which are managed either by each user, or by the team owner or fleet manager). We advise you to review the sharing settings for each team you create or are invited to, and adjust your sharing activities accordingly. Fleet managers gain access and visibility into their fleet’s users’ location data, ride videos (live or post ride), and alerts concerning incidents during the ride. Fleet managers may also appoint additional administrators for their fleet, who will also gain access and visibility to all or some of this data, depending on the privileges set by the fleet manager. For more information about the role of fleet managers as “data controller” of their fleet users’ data, please see Section 10 below.
Protecting Rights and Safety: we may share Personal Data with others if we believe in good faith that this will help protect the rights, property or personal safety of Nexar, any of our users or any members of the general public.
For the avoidance of doubt, Nexar may share your Personal Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.
6. Cookies and Tracking Technologies
We and our Service Providers use “cookies and other technologies for performance, tracking, analytics and personalization purposes. We may share non-identifiable/aggregated extracts of such information with our partners for our legitimate business purposes.
Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session - these are the “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types. We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the Platform. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the Services’ features and tools.
Please note that if you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.
We engage in service and promotional communications, through e-mail, phone, SMS and notifications.
Service Communications: we may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, service changes, log-in attempts or password reset instructions, etc. You can typically control your communications and notifications settings from your Nexar user profile settings, or otherwise in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt-out of receiving certain service communications which are integral to your use (like password resets or billing notices).
Notifications and Promotional Communications: we may send you notifications concerning messages and other updates in your user account (such as messages concerning collision reports, road conditions etc.). We may also send you notifications about new features, additional offerings, events, webinars, special opportunities or any other information we think you will find valuable. We may provide such notices through any of the contact means available to us (e.g. SMS, phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify Nexar at any time by sending an e-mail to: email@example.com, changing your communications preferences in your user profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
8. Data Security
We and our hosting services implement systems, applications and procedures to secure your Personal Data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry-standard security. However, although we make efforts to protect your privacy and data, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties.
9. Data Subject Rights
If you wish to exercise your privacy rights under any applicable law, including (to the extent applicable) the EU General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), such as the right to request access to, and rectification or erasure of your Personal Data held with Nexar, or to port such Personal Data, please log into the Platform, and select either the “Export” or “Delete” options in your account dashboard settings.
If you wish to exercise your right to restrict or object to such Personal Data’s processing, or the right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by e-mail at: firstname.lastname@example.org.
Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal information related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 4 above. We may redact from the data which we will make available to you, any Personal Data related to others.
10. Data Controller/Processor
Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing Personal Data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Nexar is both a “data controller” and “data processor” of fleet user data. Such data is processed by Nexar for its own purposes (as described in Section 2 above), as an independent ‘controller’; whilst those certain portions of it which are ‘controlled’ by the fleet manager will be processed by us on the fleet manager’s behalf, as a ‘processor’.
Accordingly, Nexar processes fleet user data strictly in accordance with such fleet manager’s reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such fleet manager. The fleet manager, as controller of such data, will be responsible for meeting any legal requirements applicable to data controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
For the avoidance of doubt, each fleet manager is solely responsible for providing adequate notice to their users – including sufficient reference to the processing of their Personal Data via the Services, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under such laws.
11. Additional Information and Contact Details
Updates and amendments: We may update and amend this Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Sites, Platform and/or Services. After such notice period, all amendments shall be deemed accepted by you.
Our Services are not designed to attract children under the age of 16: We do not knowingly collect Personal Data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Sites, Platform and/or Services, we will attempt to prohibit and block such use and will make all efforts to promptly delete any Personal Data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at email@example.com.